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Skriven 2007-05-09 23:31:00 av Whitehouse Press (1:3634/12.0)
Ärende: Press Release (070509c) for Wed, 2007 May 9
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National Security and Homeland Security Presidential Directive
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For Immediate Release Office of the Press Secretary May 9, 2007

National Security and Homeland Security Presidential Directive

˙˙White House News

NATIONAL SECURITY PRESIDENTIAL DIRECTIVE/NSPD 51

HOMELAND SECURITY PRESIDENTIAL DIRECTIVE/HSPD-20

Subject: National Continuity Policy

Purpose

(1) This directive establishes a comprehensive national policy on the
continuity of Federal Government structures and operations and a single
National Continuity Coordinator responsible for coordinating the
development and implementation of Federal continuity policies. This policy
establishes "National Essential Functions," prescribes continuity
requirements for all executive departments and agencies, and provides
guidance for State, local, territorial, and tribal governments, and private
sector organizations in order to ensure a comprehensive and integrated
national continuity program that will enhance the credibility of our
national security posture and enable a more rapid and effective response to
and recovery from a national emergency.

Definitions

(2) In this directive:

(a) "Category" refers to the categories of executive departments and
agencies listed in Annex A to this directive;

(b) "Catastrophic Emergency" means any incident, regardless of location,
that results in extraordinary levels of mass casualties, damage, or
disruption severely affecting the U.S. population, infrastructure,
environment, economy, or government functions;

(c) "Continuity of Government," or "COG," means a coordinated effort within
the Federal Government's executive branch to ensure that National Essential
Functions continue to be performed during a Catastrophic Emergency;

(d) "Continuity of Operations," or "COOP," means an effort within
individual executive departments and agencies to ensure that Primary
Mission-Essential Functions continue to be performed during a wide range of
emergencies, including localized acts of nature, accidents, and
technological or attack-related emergencies;

(e) "Enduring Constitutional Government," or "ECG," means a cooperative
effort among the executive, legislative, and judicial branches of the
Federal Government, coordinated by the President, as a matter of comity
with respect to the legislative and judicial branches and with proper
respect for the constitutional separation of powers among the branches, to
preserve the constitutional framework under which the Nation is governed
and the capability of all three branches of government to execute
constitutional responsibilities and provide for orderly succession,
appropriate transition of leadership, and interoperability and support of
the National Essential Functions during a catastrophic emergency;

(f) "Executive Departments and Agencies" means the executive departments
enumerated in 5 U.S.C. 101, independent establishments as defined by 5
U.S.C. 104(1), Government corporations as defined by 5 U.S.C. 103(1), and
the United States Postal Service;

(g) "Government Functions" means the collective functions of the heads of
executive departments and agencies as defined by statute, regulation,
presidential direction, or other legal authority, and the functions of the
legislative and judicial branches;

(h) "National Essential Functions," or "NEFs," means that subset of
Government Functions that are necessary to lead and sustain the Nation
during a catastrophic emergency and that, therefore, must be supported
through COOP and COG capabilities; and

(i) "Primary Mission Essential Functions," or "PMEFs," means those
Government Functions that must be performed in order to support or
implement the performance of NEFs before, during, and in the aftermath of
an emergency.

Policy

(3) It is the policy of the United States to maintain a comprehensive and
effective continuity capability composed of Continuity of Operations and
Continuity of Government programs in order to ensure the preservation of
our form of government under the Constitution and the continuing
performance of National Essential Functions under all conditions.

Implementation Actions

(4) Continuity requirements shall be incorporated into daily operations of
all executive departments and agencies. As a result of the asymmetric
threat environment, adequate warning of potential emergencies that could
pose a significant risk to the homeland might not be available, and
therefore all continuity planning shall be based on the assumption that no
such warning will be received. Emphasis will be placed upon geographic
dispersion of leadership, staff, and infrastructure in order to increase
survivability and maintain uninterrupted Government Functions. Risk
management principles shall be applied to ensure that appropriate
operational readiness decisions are based on the probability of an attack
or other incident and its consequences.

(5) The following NEFs are the foundation for all continuity programs and
capabilities and represent the overarching responsibilities of the Federal
Government to lead and sustain the Nation during a crisis, and therefore
sustaining the following NEFs shall be the primary focus of

the Federal Government leadership during and in the aftermath of an
emergency that adversely affects the performance of Government Functions:

(a) Ensuring the continued functioning of our form of government under the
Constitution, including the functioning of the three separate branches of
government;

(b) Providing leadership visible to the Nation and the world and
maintaining the trust and confidence of the American people;

(c) Defending the Constitution of the United States against all enemies,
foreign and domestic, and preventing or interdicting attacks against the
United States or its people, property, or interests;

(d) Maintaining and fostering effective relationships with foreign nations;

(e) Protecting against threats to the homeland and bringing to justice
perpetrators of crimes or attacks against the United States or its people,
property, or interests;

(f) Providing rapid and effective response to and recovery from the
domestic consequences of an attack or other incident;

(g) Protecting and stabilizing the Nation's economy and ensuring public
confidence in its financial systems; and

(h) Providing for critical Federal Government services that address the
national health, safety, and welfare needs of the United States.

(6) The President shall lead the activities of the Federal Government for
ensuring constitutional government. In order to advise and assist the
President in that function, the Assistant to the President for Homeland
Security and Counterterrorism (APHS/CT) is hereby designated as the
National Continuity Coordinator. The National Continuity Coordinator, in
coordination with the Assistant to the President for National

Security Affairs (APNSA), without exercising directive authority, shall
coordinate the development and implementation of continuity policy for
executive departments and agencies. The Continuity Policy Coordination
Committee (CPCC), chaired by a Senior Director from the Homeland Security
Council staff, designated by the National Continuity Coordinator, shall be
the main day-to-day forum for such policy coordination.

(7) For continuity purposes, each executive department and agency is
assigned to a category in accordance with the nature and characteristics of
its national security roles and

responsibilities in support of the Federal Government's ability to sustain
the NEFs. The Secretary of Homeland Security shall serve as the President's
lead agent for coordinating overall

continuity operations and activities of executive departments and agencies,
and in such role shall perform the responsibilities set forth for the
Secretary in sections 10 and 16 of this directive.

(8) The National Continuity Coordinator, in consultation with the heads of
appropriate executive departments and agencies, will lead the development
of a National Continuity Implementation Plan (Plan), which shall include
prioritized goals and objectives, a concept of operations, performance
metrics by which to measure continuity readiness, procedures for continuity
and incident management activities, and clear direction to executive
department and agency continuity coordinators, as well as guidance to
promote interoperability of Federal Government continuity programs and
procedures with State, local, territorial, and tribal governments, and
private sector owners and operators of critical infrastructure, as
appropriate. The Plan shall be submitted to the President for approval not
later than 90 days after the date of this directive.

(9) Recognizing that each branch of the Federal Government is responsible
for its own continuity programs, an official designated by the Chief of
Staff to the President shall ensure that the executive branch's COOP and
COG policies in support of ECG efforts are appropriately coordinated with
those of

the legislative and judicial branches in order to ensure interoperability
and allocate national assets efficiently to maintain a functioning Federal
Government.

(10) Federal Government COOP, COG, and ECG plans and operations shall be
appropriately integrated with the emergency plans and capabilities of
State, local, territorial, and tribal governments, and private sector
owners and operators of critical infrastructure, as appropriate, in order
to promote interoperability and to prevent redundancies and conflicting
lines of authority. The Secretary of Homeland Security shall coordinate the
integration of Federal continuity plans and operations with State, local,
territorial, and tribal governments, and private sector owners and
operators of critical infrastructure, as appropriate, in order to provide
for the delivery of essential services during an emergency.

(11) Continuity requirements for the Executive Office of the President
(EOP) and executive departments and agencies shall include the following:

(a) The continuation of the performance of PMEFs during any emergency must
be for a period up to 30 days or until normal operations can be resumed,
and the capability to be fully operational at alternate sites as soon as
possible after the occurrence of an emergency, but not later than 12 hours
after COOP activation;

(b) Succession orders and pre-planned devolution of authorities that ensure
the emergency delegation of authority must be planned and documented in
advance in accordance with applicable law;

(c) Vital resources, facilities, and records must be safeguarded, and
official access to them must be provided;

(d) Provision must be made for the acquisition of the resources necessary
for continuity operations on an emergency basis;

(e) Provision must be made for the availability and redundancy of critical
communications capabilities at alternate sites in order to support
connectivity between

and among key government leadership, internal elements, other executive
departments and agencies, critical partners, and the public;

(f) Provision must be made for reconstitution capabilities that allow for
recovery from a catastrophic emergency and resumption of normal operations;
and

(g) Provision must be made for the identification, training, and
preparedness of personnel capable of relocating to alternate facilities to
support the continuation of the performance of PMEFs.

(12) In order to provide a coordinated response to escalating threat levels
or actual emergencies, the Continuity of Government Readiness Conditions
(COGCON) system establishes executive branch continuity program readiness
levels, focusing

on possible threats to the National Capital Region. The President will
determine and issue the COGCON Level. Executive departments and agencies
shall comply with the requirements and

assigned responsibilities under the COGCON program. During COOP activation,
executive departments and agencies shall report their readiness status to
the Secretary of Homeland Security or the Secretary's designee.

(13) The Director of the Office of Management and Budget shall:

(a) Conduct an annual assessment of executive department and agency
continuity funding requests and performance data that are submitted by
executive departments and agencies as part of the annual budget request
process, in order to monitor progress in the implementation of the Plan and
the execution of continuity budgets;

(b) In coordination with the National Continuity Coordinator, issue annual
continuity planning guidance for the development of continuity budget
requests; and

(c) Ensure that heads of executive departments and agencies prioritize
budget resources for continuity capabilities, consistent with this
directive.

(14) The Director of the Office of Science and Technology Policy shall:

(a) Define and issue minimum requirements for continuity communications for
executive departments and agencies, in consultation with the APHS/CT, the
APNSA, the Director of the Office of Management and Budget, and the Chief
of Staff to the President;

(b) Establish requirements for, and monitor the development,
implementation, and maintenance of, a comprehensive communications
architecture to integrate continuity components, in consultation with the
APHS/CT, the APNSA, the Director of the Office of Management and Budget,
and the Chief of Staff to the President; and

(c) Review quarterly and annual assessments of continuity communications
capabilities, as prepared pursuant to section 16(d) of this directive or
otherwise, and report the results and recommended remedial actions to the
National Continuity Coordinator.

(15) An official designated by the Chief of Staff to the President shall:

(a) Advise the President, the Chief of Staff to the President, the APHS/CT,
and the APNSA on COGCON operational execution options; and

(b) Consult with the Secretary of Homeland Security in order to ensure
synchronization and integration of continuity activities among the four
categories of executive departments and agencies.

(16) The Secretary of Homeland Security shall:

(a) Coordinate the implementation, execution, and assessment of continuity
operations and activities;

(b) Develop and promulgate Federal Continuity Directives in order to
establish continuity planning requirements for executive departments and
agencies;

(c) Conduct biennial assessments of individual department and agency
continuity capabilities as prescribed by the Plan and report the results to
the President through the APHS/CT;

(d) Conduct quarterly and annual assessments of continuity communications
capabilities in consultation with an official designated by the Chief of
Staff to the President;

(e) Develop, lead, and conduct a Federal continuity training and exercise
program, which shall be incorporated into the National Exercise Program
developed pursuant to Homeland Security Presidential Directive-8 of
December 17, 2003 ("National Preparedness"), in consultation with an

official designated by the Chief of Staff to the President;

(f) Develop and promulgate continuity planning guidance to State, local,
territorial, and tribal governments, and private sector critical
infrastructure owners and operators;

(g) Make available continuity planning and exercise funding, in the form of
grants as provided by law, to State, local, territorial, and tribal
governments, and private sector critical infrastructure owners and
operators; and

(h) As Executive Agent of the National Communications System, develop,
implement, and maintain a comprehensive continuity communications
architecture.

(17) The Director of National Intelligence, in coordination with the
Attorney General and the Secretary of Homeland Security, shall produce a
biennial assessment of the foreign and domestic threats to the Nation's
continuity of government.

(18) The Secretary of Defense, in coordination with the Secretary of
Homeland Security, shall provide secure, integrated, Continuity of
Government communications to the President, the Vice President, and, at a
minimum, Category I executive departments and agencies.

(19) Heads of executive departments and agencies shall execute their
respective department or agency COOP plans in response to a localized
emergency and shall:

(a) Appoint a senior accountable official, at the Assistant Secretary
level, as the Continuity Coordinator for the department or agency;

(b) Identify and submit to the National Continuity Coordinator the list of
PMEFs for the department or agency and develop continuity plans in support
of the NEFs and the continuation of essential functions under all
conditions;

(c) Plan, program, and budget for continuity capabilities consistent with
this directive;

(d) Plan, conduct, and support annual tests and training, in consultation
with the Secretary of Homeland Security, in order to evaluate program
readiness and ensure adequacy and viability of continuity plans and
communications systems; and

(e) Support other continuity requirements, as assigned by category, in
accordance with the nature and characteristics of its national security
roles and responsibilities

General Provisions

(20) This directive shall be implemented in a manner that is consistent
with, and facilitates effective implementation of, provisions of the
Constitution concerning succession to the Presidency or the exercise of its
powers, and the Presidential Succession Act of 1947 (3 U.S.C. 19), with
consultation of the Vice President and, as appropriate, others involved.
Heads of executive departments and agencies shall ensure that appropriate

support is available to the Vice President and others involved as necessary
to be prepared at all times to implement those provisions.

(21) This directive:

(a) Shall be implemented consistent with applicable law and the authorities
of agencies, or heads of agencies, vested by law, and subject to the
availability of appropriations;

(b) Shall not be construed to impair or otherwise affect (i) the functions
of the Director of the Office of Management and Budget relating to budget,
administrative, and legislative proposals, or (ii) the authority of the
Secretary of Defense over the Department of Defense, including the chain of
command for military forces from the President, to the Secretary of
Defense, to the commander of military forces, or military command and
control procedures; and

(c) Is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity by a party
against the United States, its

agencies, instrumentalities, or entities, its officers, employees, or
agents, or any other person.

(22) Revocation. Presidential Decision Directive 67 of October 21, 1998
("Enduring Constitutional Government and Continuity of Government
Operations"), including all Annexes thereto, is hereby revoked.

(23) Annex A and the classified Continuity Annexes, attached hereto, are
hereby incorporated into and made a part of this directive.

(24) Security. This directive and the information contained herein shall be
protected from unauthorized disclosure, provided that, except for Annex A,
the Annexes attached to this directive are classified and shall be accorded
appropriate handling, consistent with applicable Executive Orders.

GEORGE W. BUSH

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